Verdict in Medical Malpractice Case to Stand

Shannon Weidemann

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A judge has ruled there was no jury misconduct in the medical malpractice case against Dr. Anita Krishna Das. The jury ruled in her favor.

The plantiffs sued on the grounds that one of the jury members had a spouse that had worked at the doctor's former practice.

In a lengthy ruling released earlier this week, Judge Larry Smukler, sitting in Belknap County Superior Court, said because the record does not support the plaintiffs' claims of juror misconduct their request to overturn the verdict and seek a retrial was denied.

"The defendants' initial argument is that the plaintiffs' motion is not supported by competent evidence. Specifically, the defendants cite the rule that juror evidence cannot be admitted to impeach a verdict. The defendants are correct," Smukler ruled.

The judge interviewed the juror in question and found that his wife had not worked at the practice and ruled that there was no misconduct. He is letting the original ruling stand.